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How to Read Your Home's Abstract of Title Information Provided by the Des Moines Historical Society of Des Moines, Iowa

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How to Read Your Home's Abstract of Title Information Provided by the Des Moines Historical Society of Des Moines, Iowa How to Read Your Home's Abstract of Title Information provided by the Des Moines Historical Society of Des Moines, Iowa March 8, 2014 WHAT IS AN ABSTRACT OF TITLE? WHY IS AN ABSTRACT AN IMPORTANT Legally defined, an Abstract of Title is a condensed history, DOCUMENT? taken from public records or documents, of the ownership More than just an intriguing historical document, your of a piece of land. It's a collection of legal documents that home's Abstract of Title is a certified, legal document, that chronicles the activities associated with a particular parcel states the seller of the property in fact owns the property of land. In this case, your home. The legal documents and and has a free-and-clear title (no outstanding debt against notations include references to: which the value of the property would be held). A free-and- • Deeds clear title has no “clouds” in it, which means that no person • Mortgages or business other than the seller has an interest in, or claim • Wills to, the property. • Probate Records • Court Litigations Certification is complex and laborious and conducted by a • Tax Sales trained professional who must verify that the abstract is complete, checking for dates and certification numbers, and The Abstract of Title will also show: ensuring that a proper legal description appears with each • The names of all property owners entry. • How long a particular holder owned it • The price the land was exchanged for when The abstractor conducts a credit and finances check on all it changed owners the names appearing in the abstract to see if any of the parties has filed for bankruptcy or has incurred other debts Rarely will an abstract mention capital improvements to the that may have caused a creditor to file a lien against the property (renovations, additions, etc). However, if there are property toward the payment of the debt. multiple mortgages taken out by a single owner, you can guess that they were using the money to make those An abstractor must refer to many different sources to verify improvements. Another telltale sign of significant that the title to a parcel of land is true and correct. He or improvements is a dramatic increase in the sale price, she does this by verifying the original government survey, particularly if it is over a short period of time. If this is the which should include gaps and overlaps in land ownership. case in your abstract, you can check with the City to see if Given improved technology, surveys have a margin of error there were any building permits issued on your property, of less than ONE FOOT! You can see how this kind of when they were issued and the description of work done. precision requires someone who understands the various means of describing the exact boundaries of a piece of land. 1 CLAIMS description follows a progression from small to large. Your It's important to note that claims on a property are subject parcel is identified by: to time limitations, but the limitations have certain • Location within a certain section; exceptions. For example, the Forty-Year Law holds that no • Which is located within a certain township; party with a potential claim that arose more than 40 years • Which is located within a certain range. before can claim an interest in a property of which one person or business has been the recorded owner for at least Each range spans six miles and several townships, and each 40 years. But some owners hold mortgages or contracts with township contains several sections, which in turn are terms that span more than 40 years and also for prior divided into quarters, which can also be divided into interests claimed as school or school district lands, parkland quarters. The end of the first entry may read: “Conveys NW dedications, or the ¼ of SE ¼, Sec. 6, Tp. 78, R. 24.” Even if that looks like Greek property of religious to you, you'll become familiar with those citations as you corporations or comb through your abstract because they are reiterated and associations. restated with each exchange of ownership. The original description of any parcel of land comes from the All of this is to say that once measurements of the original government survey of the 19th you receive your home's abstract, you can be sure that century. extensive work has gone into verifying that the property is free and clear of any previous debt, liens or holds. 3. Land Patent The land patent is John Doe's title defense and is issued by WHAT TO LOOK FOR the government to operate as proof of title for the first 1. Identifying the Land governmentally recognized owner of land. The land patent Every Abstract of Title has to start somewhere and that shows the date of the land transfer, the date the patent was somewhere is the identification of the land in question. filed with the government, the particular book of deeds Platted land is land described by lots and blocks. A platted containing the patent, and the land parcel as described in parcel spans a certain number of feet, on a certain lot, the original entry. within a certain block, within a certain city or county (if parcel is not yet incorporated). Another method of 4. Platting identifying a parcel of land is by “metes and bounds.” For At some point in the story your Abstract is trying to tell you, metes and bounds land, a parcel is identified by its there will likely be a notation that the land your home sits boundaries according to their terminal points and angles. on was subdivided and platted. Generally, this happens Platted descriptions are used in urban areas; metes and when the land is incorporated into a city. The beginning of bounds descriptions are used mostly in rural areas. the entry might read: “Plat of Middlesex Addition to the City of Des Moines.” The information in this entry would include 2. The Original Entry the date the landowner received approval from the city, the The very first entry showing ownership of your property date the subdivision was filed with the county, the particular states the time and place that the U.S. Government first book of plats in which the subdivision is entered, and the conveyed this tract of land to a private individual. The original description of the land. 2 There will also be notations where the landowner has Filed May 31, 1858 granted rights to the city in order to construct roads and infrastructure to the property. Conveys NW1/4 of SE1/4 Sec. 6, Tp. 78, R. 24 and other lands. Secures note of Callanan for $5,700.00. Dated April 1, 5. Types of Real Estate Deeds 1858. Due three years from date. When your property changes hands, it is denoted as a Warranty Deed. This means that the seller has “warranted” In some instances, the description will include the terms of to the buyer that he/she is the rightful owner of the land. the loan repayment – the amount due each month, the day of the month it is due and the interest rate. There are other types of deeds. A purchaser receives a Tax Deed, for example, when he or she buys real estate sold for A mortgage will also be noted when the real estate is used nonpayment of taxes. as collateral or when a loan is taken out to complete large home improvement/renovation projects. A Sheriff's Deed is given to the purchaser of land sold by court order such as in a mortgage foreclosure. When a mortgage is satisfied (repaid), the date is noted in the Abstract. A Quit Claim Deed transfers title to property without warranties that the title is free and clear. This means the 7. Affidavits property owner is probably uncertain of their title's Because your Abstract is a legal, binding document, the completeness so they have chosen to sell parts of their lot information contained within it must be true. Throughout by quit claim deed instead of warranty deed. your Abstract, you may see entries noted as “Affidavit.” These are sworn statements given by a person to verify Each deed entry will note the date the deed was signed and claims such as marriage, death, surviving heirs, etc. the date it was filed with the county. For example: 6. Mortgages C.A. Dudley In order to pay for or make significant improvements to a to property, a buyer (or owner) usually needs to take out a Whom It May Concern loan to cover the cost. This is noted in your abstract. For instance, the entry may read like this: Affidavit. Sworn to May 24, 1905 James Callanan, Jr., and Filed May 24, 1905. Martha C. Callanan (his wife) Affiant says that he was personally acquainted with James to Callanan during his life time , and that said James Callanan William Ingham and died September 26, 1904, leaving no widow surviving him. Rufus W. Peckham 8. Will and Probate Mortgage $5,700.00 The most valuable piece of a person's estate is usually their Dated May 22, 1858 home which is why Abstracts will have entries related to 3 “Will and Probate.” Perhaps it is the wishes of the deceased inheritance taxes, capital gains taxes and local government to transfer ownership of the property to another member of property taxes. The Abstract should include the current his family upon his death. Or perhaps the property needs to amount of these taxes and certification that they have been be sold to cover any outstanding debts the deceased had.
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